Netflix has failed in a bid to have the £132 million defamation lawsuit over hit show Baby Reindeer thrown out by a judge.
Fiona Harvey, who is said to have inspired the stalking character in the award-winning drama, is suing the streaming giant for $170m, saying it told "brutal lies" about her life.
Baby Reindeer was billed as “a true story”, but Ms Harvey says a string of portrayed incidents – including a criminal conviction for stalking – did not happen.
Netflix applied for the defamation case to be dismissed, but Judge Gary Klausner ruled in a court in California that Ms Harvey’s claim can go forward.
"There is a major difference between stalking and being convicted of stalking in a court of law”, he set out, in his judgment.
British comedian Richard Gadd created Baby Reindeer initially as a stage play, when it was billed as “based on a true story”.
When it transferred to Netflix, the opening episode began with the bolder claim: “This is a true story.”
Ms Harvey says she did not stalk a police officer, sexually assault Gadd, violently attack him in a pub by smashing a bottle over his head and gouging his eyes, or wait outside his home for up to 16 hours a day.
Netflix argued the depictions should be viewed as "substantially true", as similar incidents are said to have happened in real life.
But the judge found “major differences” between the show and reality, and accused Netflix of a “reckless disregard of whether statements in the series were false.”
Netflix argued viewers would understand the events in the show were not based entirely on reality, as it was a drama, but the judge found: "While the statements were made in a series that largely has the trappings of a black comedy-drama, the very first episode states unequivocally that 'this is a true story', thereby inviting the audience to accept the statements as fact."
Ms Harvey was swiftly identified online as the inspiration behind the character of Martha when the show first began to air.
Gadd won three Emmys for the show, while Jessica Gunning also scooped a gong for her portrayal of the Martha character.
In a statement about the court battle, Netflix said: "We intend to defend this matter vigorously and to stand by Richard Gadd's right to tell his story."
The judge dismissed Ms Harvey’s claims of negligence and gross negligence, as well as a request for punitive damages.
